
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460ii-4]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
     SUBCHAPTER XCIII--CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA
 
Sec. 460ii-4. Funding sources and general management plan


(a) Funding

             (1) Limitation on use of appropriated funds

        From the appropriations authorized for fiscal year 1978 and 
    succeeding fiscal years pursuant to the Land and Water Conservation 
    Fund Act (78 Stat. 897), as amended [16 U.S.C. 460l-4 et seq.], not 
    more than $115,000,000 may be expended for the acquisition of lands 
    and interests in lands authorized to be acquired pursuant to the 
    provisions of this subchapter. For purposes of section 7(a)(3) of 
    the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
    9(a)(3)), the statutory ceiling on appropriations under this 
    subsection shall be deemed to be a statutory ceiling contained in a 
    provision of law enacted prior to the convening of the Ninety-sixth 
    Congress.

                            (2) Donations

        The Secretary may accept a donation of funds or land or an 
    interest in land to carry out this subchapter.

                (3) Relation to other funding sources

        Funds made available under paragraph (1) are in addition to 
    funding and the donation of land and interests in land by the State 
    of Georgia, local government authorities, private foundations, 
    corporate entities, and individuals for purposes of this subchapter.

(b) Authorization of appropriations for development of essential public 
        services

    Effective on October 1, 1978, there are authorized to be 
appropriated not to exceed $500,000 for the development of essential 
public facilities.

(c) General management plan

                          (1) Initial plan

        Within seven years from August 15, 1978, the Secretary shall, 
    after consulting with the Governor of the State of Georgia, develop 
    and transmit to the Committee on Resources of the House of 
    Representatives and to the Committee on Energy and Natural Resources 
    of the United States Senate a general management plan for the use 
    and development of the recreation area consistent with the findings 
    and purposes of this subchapter and chapter 43 of this title, 
    indicating:
            (A) lands and interests in lands adjacent or related to the 
        recreation area which are deemed necessary or desirable for the 
        purposes of resource protection, scenic integrity, or management 
        and administration of the area in furtherance of the purposes of 
        this subchapter, the estimated cost of acquisition, and the 
        recommended public acquisition agency;
            (B) the number of visitors and types of public use within 
        the recreation area that can be accommodated in accordance with 
        the full protection of its resources; and
            (C) the facilities deemed necessary to accommodate and 
        provide access for such visitors and uses, including their 
        location and estimated cost.

                          (2) Revised plan

        (A) In general

            Within 3 years after the date funds are made available, the 
        Secretary shall submit to the committees specified in paragraph 
        (1) a revised general management plan to provide for the 
        protection, enhancement, enjoyment, development, and use of the 
        recreation area.

        (B) Public participation

            In preparing the revised plan, the Secretary shall encourage 
        the participation of the State of Georgia and affected political 
        subdivisions of the State, private landowners, interested 
        citizens, public officials, groups, agencies, educational 
        institutions, and other entities.

(d) Federal actions affecting corridor area; procedural requirements: 
        notification of Secretary, Secretary's recommendations or 
        notification of Congressional committees, copies of decisions 
        and recommendations to Congressional committees; concurrence 
        condition; exemptions

    (1) Whenever any Federal department, agency, or instrumentality 
proposes to undertake any action, or provide Federal assistance for any 
action, or issue any license or permit for an action within the corridor 
referred to in section 460ii of this title which may have a direct and 
adverse effect on the natural or cultural resources of the recreation 
area, the head of such department, agency, or instrumentality shall--
        (A) promptly notify the Secretary of the action at the time it 
    is planning the action, preparing an environmental assessment 
    regarding the action, or preparing an environmental impact statement 
    under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 
    et seq.] for the action;
        (B) provide the Secretary a reasonable opportunity to comment 
    and make recommendations regarding the effect of the Federal action 
    on the natural and cultural resources of the recreation area; and
        (C) notify the Secretary of the specific decisions made in 
    respect to the comments and recommendations of the Secretary.

The requirements of this subsection shall be carried out in accordance 
with procedures established by the Federal agency responsible for 
undertaking or approving the Federal action. These procedures may 
utilize the procedures developed by such Agency pursuant to the National 
Environmental Policy Act [42 U.S.C. 4321 et seq.].
    (2) Following receipt of notification pursuant to paragraph (1)(A), 
the Secretary, after consultation with the Governor of Georgia, shall 
make such comments and recommendations as the Secretary deems 
appropriate pursuant to paragraph (1)(B) as promptly as practicable in 
accordance with the notifying agency's procedures established pursuant 
to paragraph (1)(A). In any instance in which the Secretary does not 
provide comments and recommendations under paragraph (1)(B), the 
Secretary shall notify in writing, the appropriate committees of 
Congress.
    (3) Following receipt of the notifying agency's decisions pursuant 
to paragraph (1)(C), the Secretary shall submit to the appropriate 
committees of Congress, including the authorizing committees with 
primary jurisdiction for the program under which the proposed action is 
being taken, a copy of the notifying agency's specific decisions made 
pursuant to paragraph (1)(C), along with a copy of the comments and 
recommendations made pursuant to paragraph (1)(B).
    (4) In any instance in which the Secretary has not been notified of 
a Federal agency's proposed action within the corridor, and on his or 
her own determination finds that such action may have a significant 
adverse effect on the natural or cultural resources of the recreation 
area, the Secretary shall notify the head of such Federal agency in 
writing. Upon such notification by the Secretary, such agency shall 
promptly comply with the provisions of subparagraphs (A), (B), and (C) 
of paragraph (1) of this subsection.
    (5) Each agency or instrumentality of the United States conducting 
Federal action upon federally owned lands or waters which are 
administered by the Secretary and which are located within the 
authorized boundary of the recreation area shall not commence such 
action until such time as the Secretary has concurred in such action.
    (6) The following Federal actions which constitute a major and 
necessary component of an emergency action shall be exempt from the 
provisions of this subsection--
        (A) those necessary for safeguarding of life and property;
        (B) those necessary to respond to a declared state of disaster;
        (C) those necessary to respond to an imminent threat to national 
    security; and
        (D) those that the Secretary has determined to be not 
    inconsistent with the general management plan for the recreation 
    area.

Actions which are part of a project recommended in the study entitled 
``Metropolitan Atlanta Water Resources Management Study, Georgia: Report 
of Chief of Engineers'', dated June 1, 1982, and any Federal action 
which pertains to the control of air space, which is regulated under the 
Clean Air Act [42 U.S.C. 7401 et seq.], or which is required for 
maintenance or rehabilitation of existing structures or facilities shall 
also be exempt from the provisions of this subsection.

(Pub. L. 95-344, title I, Sec. 105, Aug. 15, 1978, 92 Stat. 476; Pub. L. 
98-568, Sec. 1(e), Oct. 30, 1984, 98 Stat. 2929; Pub. L. 106-154, 
Sec. 2(d), (e)(4), Dec. 9, 1999, 113 Stat. 1738, 1739.)

                       References in Text

    The Land and Water Conservation Fund Act (78 Stat. 897), as amended, 
referred to in subsec. (a)(1), probably means the Land and Water 
Conservation Fund Act of 1965, Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 
897, as amended, which is classified generally to part B (Sec. 460l-4 et 
seq.) of subchapter LXIX of this chapter. For complete classification of 
this Act to the Code, see Short Title note set out under section 460l-4 
of this title and Tables.
    The convening of the Ninety-sixth Congress, referred to in subsec. 
(a)(1), took place on Jan. 15, 1979.
    The National Environmental Policy Act of 1969, referred to in 
subsec. (d)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as 
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) 
of Title 42, The Public Health and Welfare. For complete classification 
of this Act to the Code, see Short Title note set out under section 4321 
of Title 42 and Tables.
    The Clean Air Act, referred to in subsec. (d)(6), is act July 14, 
1955, ch. 360, 69 Stat. 322, as amended, which is classified generally 
to chapter 85 (Sec. 7401 et seq.) of Title 42. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 7401 of Title 42 and Tables.


                               Amendments

    1999--Pub. L. 106-154, Sec. 2(d)(1), inserted section catchline.
    Subsec. (a). Pub. L. 106-154, Sec. 2(d)(1), (2), inserted subsec. 
heading, designated existing provisions as par. (1), inserted heading, 
substituted ``$115,000,000'' for ``$79,400,000'' and ``this subchapter'' 
for ``this subchapter and chapter 43 of this title'', and added pars. 
(2) and (3).
    Subsec. (c). Pub. L. 106-154, Sec. 2(d)(3), inserted subsec. 
heading, designated existing provisions as par. (1), inserted par. (1) 
heading, redesignated former pars. (1) to (3) as subpars. (A) to (C), 
respectively, substituted ``transmit to the Committee on Resources of 
the House of Representatives'' for ``transmit to the Committee on 
Interior and Insular Affairs of the United States House of 
Representatives'', and added par. (2).
    Subsec. (c)(1)(A). Pub. L. 106-154, Sec. 2(e)(4), substituted ``of 
this subchapter'' for ``of this subchapter and chapter 43 of this 
title''.
    1984--Subsec. (a). Pub. L. 98-568, Sec. 1(e)(1), substituted 
``$79,400,000'' for ``$72,900,000'' and inserted provision respecting 
applicable statutory ceiling on appropriations.
    Subsec. (c). Pub. L. 98-568, Sec. 1(e)(2), substituted ``seven 
years'' for ``three years''.
    Subsec. (d). Pub. L. 98-568, Sec. 1(e)(3), added subsec. (d).
